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Madras High CourtCS/108/2014dismissed as withdrawal

Dual Structurals & Industries v. Mr.A.Chidambaram

2018-01-224 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.108 of 2014 and A.Nos.1074 & 2824 of 2015 M/s. Dual Structurals & Industries (P) Ltd., Rep by its Junior Manager Mr.Ramesh Babu, No.3/355, Venkateshwara Nagar, Kottivakkam, Chennai 600 041.

... Plaintiff

Versus

1. A.Chidambaram

2. Lawrence Vincent alias Yaseva

3. Federick Vincent

4. Mrs.Pamela Joseph ... Defendants Plaint filed under Order IV Rule 1 of Original Side Rules Order VII Rule 1 of the Code of Civil Procedure praying to pass a judgment and decree:- a) directing the defendants to execute the sale deed in favour of the plaintiff of its nominee on receipt of the balance sale consideration of Rs.65,00,000/- in respect of the property more fully described in the schedule hereunder;

b) in the event of the defendants refusing to execute the sale deed in favour of the plaintiff of the nominee as directed by this Hon'ble

Court within the stipulated time, the Hon'ble Court may be pleased to execute the sale deed on behalf of the defendants 2 to 4;

c) directing the defendants to pay the costs of the suit. For Plaintiff : Mr.S.Udayakumar For Defendants : Mr.R.Sagadevan

J U D G M E N T

Mr.S.Udayakumar, learned counsel appearing for the plaintiff has made an endorsement seeking permission to withdraw the suit. Since the matter has been settled out of Court, in view of the said endorsement the suit is dismissed as settled out of Court and the sale agreement which is the subject matter of the suit, will stand cancelled.

2. Hence, the suit is dismissed as withdrawn. In view of Section 69(a) of the Tamil Nadu Court Fees and Suits Valuation Act, the Registry is directed to refund the entire Court Fee. Consequently, the connected Applications are closed.

Index : Yes/ No Internet : Yes/ No Speaking Order/ Non-speaking Order

List of the witnesses examined on the side of the plaintiff : Nil.

List of Exhibits marked on the side of the plaintiff: Nil. List of the witnesses examined on the side of the defendants: Nil. List of Exhibits marked on the side of the defendants: Nil. To The Sub Assistant Registrar Original Side, High Court of Madras.

R.SUBRAMANIAN, J.

C.S.No.108 of 2014